USA v. Maria Delgado


UNPUBLISHED OPINION FILED. [10-30403 Dismissed as frivolous ] Judge: JLW , Judge: ECP , Judge: PRO Mandate pull date is 04/27/2011 for Appellant Maria Aide Delgado; granting motion to amend document filed by Appellant Ms. Maria Aide Delgado [6732988-2], granting motion to amend document filed by Appellant Ms. Maria Aide Delgado [6722173-2]; denying motion to substitute counsel filed by Appellant Ms. Maria Aide Delgado [6717815-3]; granting motion to withdraw as counsel filed by Appellant Mr. George Frazier, Esq. for Appellant Ms. Maria Aide Delgado [6648096-2] [10-30403]

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Case: 10-30403 Document: 00511436744 Page: 1 Date Filed: 04/06/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-30403 Summary Calendar April 6, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, v. MARIA AIDE DELGADO, Defendant–Appellant. Appeal from the United States District Court for the Western District of Louisiana USDC No. 6:06-CR-60074-5 Before WIENER, PRADO, and OWEN, Circuit Judges. PER CURIAM:* The attorney appointed to represent Marie Aide Delgado has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Delgado has filed a response. Her motions to supplement her response are GRANTED. The record is insufficiently developed to allow consideration at this time of Delgado’s claims of ineffective assistance of counsel; such claims generally * Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4. Case: 10-30403 Document: 00511436744 Page: 2 Date Filed: 04/06/2011 No. 10-30403 “cannot be resolved on direct appeal when the claim has not been raised before the district court since no opportunity existed to develop the record on the merits of the allegations.” United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006) (internal quotation marks and citation omitted). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Delgado’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, the APPEAL IS DISMISSED, and all other outstanding motions are DENIED. See 5 TH C IR. R. 42.2. 2

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